In a worker's compensation case, can an employee be considered an independent contractor?

California, United States of America

The following excerpt is from S. G. Borello & Sons, Inc. v. Department of Industrial Relations, 256 Cal.Rptr. 543, 48 Cal.3d 341, 769 P.2d 399 (Cal. 1989):

A number of state courts have agreed that in worker's compensation cases, the employee-independent contractor issue cannot be decided absent [48 Cal.3d 353] consideration of the remedial statutory purpose. Several state cases have so concluded despite statutes, like California's, which emphasize "control" of the work as the governing distinction between employees and independent contractors. (See, e.g., Anton v. Industrial Commission of Arizona (App.1984)

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